COMMONWEALTH v. BLACK

No. 99-P-33.

50 Mass. App. Ct. 477 (2000)

COMMONWEALTH v. JAMES BLACK.

Court of Appeals of Massachusetts, Suffolk.

November 15, 2000.


Attorney(s) appearing for the Case

Geraldine C. Griffin for the defendant.

Brian J.S. Cullen, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, C.J., SMITH, & BROWN, JJ.


ARMSTRONG, C.J.

The defendant was convicted of one count of rape, one count of indecent assault and battery, and two counts of assault and battery. He argues, as to the rape conviction, that the judge should have given a specific unanimity instruction and, as to the indecent assault and battery conviction, an instruction that it could not be based on the same evidence that supported the rape conviction. The judge should have done so, but such instructions were not...

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